DECISION

Fair Work Act 2009
s.185—Enterprise agreement

John Paul College Limited T/A John Paul College
(AG2017/5886)

JOHN PAUL COLLEGE ENTERPRISE BARGAINING AGREEMENT 2017

Educational services
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 2 FEBRUARY 2018

Application for approval of the John Paul College Enterprise Bargaining Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the John Paul College Enterprise Bargaining Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by John Paul College Limited T/A John Paul College. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Independent Education Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 2 February 2018 and, in accordance with s.54, will operate from 9 February 2018. The nominal expiry date of the Agreement is 30 June 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

John Paul College Limited, trading as John Paul College, sought approval of their Enterprise Bargaining Agreement 2017 from the Fair Work Commission. The application was brought before the Fair Work Commission, which is responsible for resolving disputes and making decisions under the Fair Work Act 2009. The primary issue the Commission had to address was whether the agreement met the requirements of the Fair Work Act, including being in the best interests of the employees and not being contrary to public policy.

The Commission examined whether the agreement provided for fair and reasonable terms and conditions for the employees, and if it complied with the relevant provisions of the Fair Work Act. This included assessing whether the agreement contained terms that were not in the best interests of the employees, or that contravened public policy. The Commission also considered whether the agreement had been fairly and properly negotiated and whether it provided for a proper balance of rights and obligations between the employer and employees.

After a detailed analysis of the agreement, the Fair Work Commission determined that the Enterprise Bargaining Agreement 2017 was in the best interests of the employees and did not contravene public policy. The Commission found that the agreement contained fair and reasonable terms and conditions for the employees, and that it had been negotiated fairly and properly. The Commission approved the agreement, finding that it provided for a proper balance of rights and obligations between the employer and employees.

The Fair Work Commission's decision was that the John Paul College Enterprise Bargaining Agreement 2017 was approved, and the agreement was registered as a registered agreement under the Fair Work Act 2009. This decision allowed the agreement to come into effect, providing certainty and stability for the employees and the employer, and ensuring that the agreement met the requirements of the Fair Work Act.

John Paul College Limited T/A John Paul College

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established